Business Income Tax Registries ‘Update

by | Sep 30, 2022

As of September 2nd 2022, a Single Tax (IU) of 10% began to be applied on the highest value obtained in the sale of shares and mutual funds with presence in the stock market, according to the new article 107 of the Income Tax Law Income (LIR) (See our article “Shares and mutual funds: Modifications to the tax exemption”). 

This UI constitutes the only tax that must be paid by income from the disposal of financial instruments under article 107 of the LIR. Therefore, it is important to keep control of these incomes so that they are not taxed again, as could happen in companies that distribute said income to their partners. 

For the above, on September 22nd, the Internal Revenue Service issued Exempt Resolution No. 90 in order to modify the structure of the current Business Income Tax Registries (RTRE), in order to incorporate the control of these incomes. 

Therefore, every taxpayer obliged to carry the RTRE and who makes disposals of the instruments of article 107 of the LIR must keep control in the new column “Income subject to Single Tax of article 107 of the LIR”, which is included within the section of income with taxation complied with without priority in the allocation order of the registry of exempt income and income not constituting income (REX). 

The amounts that must be incorporated and controlled in this registry are: 

– Net result affected with the UI of article 107. 

– Losses from disposal of instruments of article 107. 

– Difference between closing price and acquisition/contribution costs of instruments in which the taxpayer has opted for the option given by the new article 107 to determine the amount assigned to IU. 

The validity of the new RTRE format is from the entry into force of the new article 107, that is, September 2nd, 2022. 

Catalina Delgado 

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